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BOSTON — A federal judge has strengthened protections for academics and students involved in a landmark lawsuit over pro-Palestinian campus activism, warning that the U.S. government may not retaliate against noncitizens by altering their immigration status because of their political speech.
In a ruling issued Thursday, William Young of the U.S. District Court in Massachusetts said the court will allow immediate relief if noncitizen plaintiffs face detention, deportation, or other immigration consequences linked to their activism or participation in the case.
The decision builds on Young’s ruling last year that the Trump administration violated the U.S. Constitution by targeting non-U.S. citizens for deportation based solely on their support for Palestinians or criticism of Israel.
Internal DHS Records Tie Arrests Directly to Speech
Alongside Thursday’s order, Judge Young unsealed internal government documents introduced at trial, including memoranda from the Department of Homeland Security.
Those records show that immigration enforcement actions against five students and academics — including Mahmoud Khalil, a pro-Palestinian activist at Columbia University — were recommended explicitly because of their campus protests, published writings, and social media activity.
In one memo, DHS officials acknowledged they had “not identified any alternative grounds of removability” other than a rarely used provision allowing deportation based on foreign policy considerations at the discretion of the secretary of state.
The documents also reveal officials anticipated legal challenges, noting courts would likely “scrutinize the basis” for such deportation decisions.
Government Acknowledged Speech Was Constitutionally Protected
The unsealed records further show that DHS officials recognized the vulnerability of their own case.
In internal assessments involving Khalil and Mohsen Mahdawi, a Columbia student and green card holder detained in Vermont last year, officials wrote that courts might find the conduct used to justify removal was “inextricably tied to speech protected under the First Amendment.”
Judge Young previously ruled that targeting individuals for deportation based on political views constituted a clear First Amendment violation, regardless of citizenship status.
On Thursday, he described his new order as a “remedial sanction” designed to prevent further retaliation against plaintiffs exercising their constitutional rights.
Clear Path to Court Protection Established
Under the ruling, noncitizen plaintiffs seeking relief must demonstrate:
Membership in either the American Association of University Professors or the Middle East Studies Association, the two groups that brought the lawsuit
That their immigration status has not expired
That they have not committed any crimes after September 30, 2025
If those conditions are met, Judge Young ruled it will be presumed that any change to immigration status is retaliatory and unconstitutional.
Immigration Authority Has Constitutional Limits
Legal experts say the ruling reinforces a long-standing principle: while the federal government has broad authority over immigration, that power cannot be used to punish lawful political speech or suppress dissent.
Judge Young emphasized that academic environments are especially protected spaces, where debate and criticism are fundamental to democratic society.
He warned that immigration enforcement cannot be used as an indirect weapon to silence unpopular or controversial viewpoints.
Broader Implications for Campus Speech Nationwide
The case arrives amid heightened tensions on U.S. college campuses, where protests over Gaza, Israel, and U.S. foreign policy have increasingly led to surveillance, disciplinary actions, and political pressure.
Civil liberties advocates argue the ruling sends a clear message that immigration law cannot be selectively enforced to chill speech — particularly when internal government records show enforcement decisions were driven by expression alone.
Judge Young’s decision keeps the court actively involved, ensuring continued oversight of any future immigration actions affecting the plaintiffs.
The Bottom Line
The ruling makes clear that the First Amendment does not stop at citizenship.
By unsealing internal government documents and establishing a presumption of retaliation, the court sharply limited the government’s ability to use immigration enforcement to punish political expression.
As Judge Young made plain, constitutional protections apply even — and especially — when speech challenges those in power.
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